Written answers

Wednesday, 25 January 2006

Department of Health and Children

Freedom of Information

8:00 pm

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Question 493: To ask the Tánaiste and Minister for Health and Children the public bodies and agencies within her Department exempted from the full remit of the freedom of information legislation; and if she will make a statement on the matter. [2733/06]

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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The bodies and agencies under the aegis of my Department that are subject to freedom of information legislation in respect of certain functions only are the Office of the Ombudsman for Children and certain non-statutory bodies which provide mental health services or services to persons with an intellectual disability as listed in the second schedule of SI 329 of 1999.

While the office of the ombudsman for children is a public body under the Freedom of Information Act, the Act does not apply to records relating to an examination or investigation carried out by that body. In this regard section 46 (1)(c) makes similar provision for both the Office of the Ombudsman and the Office of the Ombudsman for Children.

The non-statutory providers of services to persons with an intellectual disability include a number of religious orders. It was important to specify the functions to which the Act would apply. As prescribed, the Act applies as respects the functions of the body, organisation or group in so far as they relate to the provision of mental health services or services for persons with an intellectual disability. There are 25 such bodies listed in the second schedule of SI 329 of 1999.

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